Cotati City Council
Agenda Staff Report
Item type: REGULAR AGENDA (ACTION)
To: City Council
Subject: Letter of Support for CARE Courts
Date: August 09, 2022
Written by: Damien O'Bid, City Manager
Recommendation
It is recommended that the authorize the Mayor to send a letter on behalf of the City supporting proposed CARE Court legislation (SB 1338).
Background
Existing law, the Assisted Outpatient Treatment Demonstration Project Act of 2002, known as Laura’s Law, requires each county to offer specified mental health programs, unless a county or group of counties opts out by a resolution passed by the governing body, as specified. Existing law, the Lanterman-Petris-Short Act, provides for short-term and longer-term involuntary treatment and conservatorships for people who are determined to be gravely disabled.
The Community Assistance, Recovery, and Empowerment (CARE) Act (SB 1338) is a high priority for Governor Newsom and was introduced in the State Senate by Senators Umberg and Eggman.
SB 1338 has passed out of the State Senate and on August 3, the bill is scheduled for a hearing in the Assembly Committee on Appropriations. If approved in Committee, the bill will go to a vote of the Assembly, and then to the Governor’s desk.
Analysis/Discussion
The CARE Act, if enacted, will authorize specified persons, listed below, to petition a civil court to create a voluntary CARE agreement or a court-ordered CARE plan and implement services, to be provided by county behavioral health agencies, to provide behavioral health care, including stabilization medication, housing, and other enumerated services to adults who are currently experiencing a severe mental illness and have a diagnosis of schizophrenia spectrum and psychotic disorders and who meet other specified criteria.
The following persons may file a petition to initiate CARE proceedings:
(a) A person 18 years of age or older with whom the respondent resides. (b) A spouse, parent, adult sibling, adult child, or grandparent or other adult who stands in loco parentis to the respondent.
(c) The director of a hospital, or their designee, in which the respondent is hospitalized, including hospitalization pursuant to Section 5150 or 5250. (d) The director of a public or charitable organization, agency, or home, or their designee, who has, within the previous 30 days, provided or who is currently providing behavioral health services to the respondent or in whose institution the respondent resides. (e) A licensed behavioral health professional, or their designee, who is, or has been within the previous 30 days, either supervising the treatment of, or treating the respondent for a mental illness.
(f) A first responder, including a peace officer, firefighter, paramedic, emergency medical technician, mobile crisis response worker, or homeless outreach worker, who has had repeated interactions with the respondent in the form of multiple arrests, multiple detentions and transportation pursuant to Section 5150, multiple attempts to engage the respondent in voluntary treatment, or other repeated efforts to aid the respondent in obtaining professional assistance.
(g) The public guardian or public conservator, or their designee, of the county in which the respondent is present or reasonably believed to be present. (h) The director of a county behavioral health agency, or their designee, of the county in which the respondent is present or reasonably believed to be present. resides or is found. (i) The director of county adult protective services, or their designee, of the county in which the respondent is present or is reasonably believed to be present. resides or is found. (j) The director of a California Indian health services program, California tribal behavioral health department, or their designee.
(k) The judge of a tribal court that is located in California, or their designee. (l) A prosecuting attorney, pursuant to subdivision (b) of Section 5978. (m) The respondent.
The bill would specify the process by which the petition is filed and reviewed, including requiring the petition to be signed under penalty of perjury, and to contain specified information, including the facts that support the petitioner’s assertion that the respondent meets the CARE criteria. The bill would also specify the schedule of review hearings required if the respondent is ordered to comply with an up to one-year CARE plan by the court. The bill would make the hearings in a CARE proceeding confidential and not open to the public, thereby limiting public access to a meeting of a public body.
The bill would authorize the CARE plan to be extended once, for up to one year, and would prescribe the requirements for the graduation plan. By expanding the crime of perjury and imposing additional duties on the county behavioral health agencies, this bill would impose a statemandated local program. This bill contains other related provisions and other existing laws.
Cal Cities
As indicated in the attached position letter, Cal Cities supports SB 1338 as amended.
Specifically, Cal Cities requests amendments to phase in the program statewide, additional funding to support implementation and long-term costs of the state mandated program, and require cities to be included in the development of CARE plans in the event that the cities are required to provide services and support. The FY 22-23 State budget currently includes $65M for implementation of SB 1338.
County of Sonoma
As indicated in the attached position letter, the County of Sonoma shared similar concerns ensuring adequate start up and on-going funding and phasing in the program over time. The County of Sonoma also requested changes to sanctions, so they only apply to deliberate or chronic deficiencies. The bill as currently written would enable the court to fine the county or other local government entity up to $1,000 per day for not complying with court orders and, if the court finds persistent noncompliance, to appoint a receiver to secure court-ordered care for the respondent at the county’s cost. Lastly, the County of Sonoma supported recent amendments allowing the Superior Court to order housing providers that have received specified state funds to accept placement of CARE participants at any available housing option or program as clinically appropriate.
Draft City Letter of Support
Attached to this staff report is a draft letter of support, which recommends that the State Legislature amend the language to account for the issues raised by Cal Cities and the County of Sonoma.
Financial Considerations
Not applicable. The bill, if enacted, would provide an additional option for police and SAFE teams to refer individuals experiencing mental health issues, and potentially prevent or remove people from homelessness.
Environmental Issues
The City Council finds the approval of this letter is exempt under Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility that this action to approve a letter of support may have a significant effect on the environment.
Attachments:
CARE Court Overview (PDF)
Funding Backgrounder on Homelessness (PDF)
Cal Cities CARE Court Request (PDF)
Sonoma County CARE Court Letter Request (PDF)
Bill Text - SB-1338 Community Assistance, Recovery, and Empowerment (CARE) Court Program (PDF)
Draft City Letter of Support on SB 1338 (DOCX)